An Indiana Court of Appeals has ruled that an employer cannot enforce a two year non-compete agreement against an employee who was fired for just 10 days and then rehired because the termination was treated as permanent and there was no writing signed by the employer that extended the duration of the non-compete agreement as required by the express language … Continue Reading
It depends. When an employee files a claim under the American with Disabilities Act (“ADA”), two of the key issues for determination are whether the employee is “qualified” for the position and whether the employee can perform the “essential functions” of the job with or without a reasonable accommodation. In determining these issues, courts focus on employers’ job descriptions and … Continue Reading
On September 17, 2013, the U.S. Department of Labor’s Wage and Hour Division announced a final rule extending the Fair Labor Standards Act’s minimum wage and overtime protections to cover certain direct care workers such as certified nursing assistants, home health aides, personal care aides, caregivers and other companions who provide essential home care assistance to elderly people and people … Continue Reading
In Hawaii Tribune-Herald, 356 N.L.R.B. No. 63 (February 14, 2011), the National Labor of Relations Board held that an employee’s secret tape recording of a meeting with his supervisor was protected activity; and, as a result, the employee’s termination was a violation of the National Labors Relation Act.
The basis of the Board’s decision was based, in part, on … Continue Reading